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Rape victim can abort, but foetus must be preserved: HC

HT Correspondent, Hindustan Times  New Delhi, March 24, 2013
First Published: 23:54 IST(24/3/2013) | Last Updated: 23:57 IST(24/3/2013)

The Delhi high court has, in an unusual move, allowed a woman, who alleged that she was raped and had consequently conceived, to get an abortion done.


The court asked the All India Institute of Medical Sciences (AIIMS) to preserve the foetus for conducting a DNA test.

“To carry a child in her womb by a woman as a result of conception through an act of rape is extremely traumatic, humiliating and psychologically devastating,” justice SP Garg said while allowing the plea of the 22-year-old woman seeking permission to terminate the forced pregnancy.

The woman had lodged an FIR against a man named Kapil, alleging that he had established physical relations with her on the false promise of marriage. Kapil had also concealed the fact that he was a married man, the woman had alleged.

Allowing her plea, the court said, “The victim hails from the poor strata of the society and is likely to face innumerable mental, physical, social and economical problems in the future. There are no reasons to prevent her not to exercise her option voluntarily in her interest. The petition is allowed with the direction to the SHO of the concerned police station or any other responsible police officer with lady police officer to accompany the complainant and produce her before Medical Superintendent, AIIMS, within three days to get her pregnancy terminated where a board of two medical practitioners would be constituted by the Medical Superintendent on that day itself. They shall preserve the foetus and DNA test will be conducted thereupon and its report shall be produced before the Trial Court at the earliest,” the court said.

The court also said the girl must “be provided proper medicine, diet and nutritious food as may be necessary for her health”.

It was said in the plea that the girl was “unable to carry the pregnancy to full term due to social stigma as she is victim of rape.”

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